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(영문) 부산지방법원동부지원 2017.09.28 2017가단4296

대여금등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From May 2013, the Plaintiff borrowed money and received interest from C Company D from around May 2013. From around March 2014, the Defendant, as his/her father, lent money to D and paid the principal and interest to the Defendant as the money received.

B. Since May 2016, C had experienced financial difficulties and had defaulted on December 2016.

C. The details of money between the original and the Defendant from March 2014 to January 2017, 2017, excluding KRW 30 million on July 13, 2015, which the Defendant remitted to D’s account, and KRW 50 million on July 14, 2015.

[Ground of recognition] Unsatisfy, Gap 1, 2 evidence, Eul 3 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent money from the Defendant to C to lend money to the Defendant, and that the Defendant is at risk of receiving money to him/her, and that he/she deposited KRW 87,300,000 in the attached Table, including KRW 300,000,000,000 in the amount indicated in the “Defendant” in the attached Table, and deposited KRW 87,330,000 in the sum indicated in the attached Table, including KRW 13,00,000,000 in the amount indicated in the attached Table, “Defendant Defendant”, as well as KRW 13,00,000 in the sum indicated in the “Defendant” column of the attached Table. The Defendant repaid to the Plaintiff only KRW 40,000,000,000 in total, out of the amount indicated in the “Defendant” column of the attached Table.

In addition, the defendant urged the return of the money that the plaintiff left or lent to the plaintiff, and forced the plaintiff to be hospitalized into and detained in the mental hospital, together with E, who is another dependent of the plaintiff.

Accordingly, in order to compensate for mental damage suffered by the plaintiff, the defendant is obligated to pay consolation money of KRW 20 million to the plaintiff.

B. The defendant's assertion that the defendant paid money in order to make profits from investment in C and received the principal and profits, and there is no fact that the plaintiff stored or borrowed the money.

Defendant.